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(영문) 의정부지방법원 2018.05.01 2018고단453
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 24, 2009, the Defendant was issued a summary order of one million won or more for a crime of violating the Road Traffic Act at the Jung-gu District Court on the ground of a violation of the Road Traffic Act, and on July 10, 2017, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of 1.5 million won or more for the same crime from the same court.

[2] On February 1, 2018, the Defendant driven a car with approximately approximately 200 meters away from the 22:11 on the day before the house in which it is impossible to identify the trade name in the Gyeyang-dong in Yang-si, Yang-si to the day before the house in front of the house in Yang-si, Yang-si, Yang-si, with approximately 00 meters alcohol content 0.157% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act was two times before and after the driving of drinking alcohol, and the one of them was relatively recent 2017 criminal records: Provided, That the fact that it is against the law, and that there is no criminal record of the same kind of suspended execution or higher; and

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